There are a couple of theories worth examining. First, is this a bailment situation in which you transfer possession, but not ownership of your chattel? The courts tend to look at whether you park it yourself, who holds the keys, whether the lot is enclosed, etc..

In this situation, ther probably is not a bailment created.

Next, is there recovery under a negligence theory? The parking lot is a business and the car owner is a customer. There is a duty of care owed to the customer or invitee to inspect and repair hazards on the property where your customers are.

Therefore, the fact that the owner had a duty to inspect the light fixture and repair it would indicate to me that the parking lot is liable for the damage.

the customer is a regular of the parking lot. it can be assumed that he has read the "conditions" that are posted around the parking lot many times before. does the "conditions" protect the parking lot from this liability, if there really is a condition saying the parking lot is not liable for any damage? or is that unjustifiable since the owner of the parking lot should always take care of its customers?

I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. TonyApopka, FL

Ask a Business Lawyer

Get a Professional Answer. 100% Satisfaction Guaranteed.

74 Business Lawyers are Online Now

Type Your Business Law Question Here...

characters left:

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).